Legal Question in Constitutional Law in Maryland

Is email confidentiality enforceable?

Hi,

Sometimes I receive email with a statement like the

one below. It's not sent from the government or any

special entity; it may be from someone I don't even

know. Does it carry any legal weight? I mean, if you

send me email, even if in error, and I turn

around and forward it to the Washington Post, what's

the problem for me?

Thanks in advance ...

============

WARNING: The information in this message is confidential and may

be legally privileged. It is intended solely for the addressee. Access

to this message by anyone else is unauthorized. If you are not the

intended recipient, any disclosure, copying, or distribution of the

message in part or in whole, or any action or omission taken by you

in reliance on it, is strictly prohibited and may be unlawful. If you have

received this message in error, please contact the sender immediately.


Asked on 1/27/02, 10:52 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Is email confidentiality enforceable?

To my knowledge this has not been tested, but I wouldn't assume that it is not enforceable. Depending on the nature of the material (for example, a request from a client to an attorney for legal advice that was sent to the wrong email address in good faith) I would think a court would tend to sanction anyone who knowingly sent it somewhere it did not belong. But that issue has never been decided to my knowledge.

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Answered on 1/29/02, 8:30 am


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